Franken: Net Neutrality Is 'Free Speech Issue of Our Time'

It seems that Sen. Al Franken was not swayed by FCC Chairman Tom Wheeler's recent blog post about his net neutrality plans. The Minnesota Democrat today urged supporters to "rise up" and fight the commission's proposed rules before they change the face of the Web.

"This is the free speech issue of our time," Franken said in a video message (below).

At issue are proposed net neutrality rules that would replace the ones that were struck down (twice) by a U.S. court. They are largely the same as the earlier rules, but one provision has Internet activists up in arms. Broadband providers would be able to strike deals for prioritized traffic, provided those deals are "commercially reasonable" - something that many see as completely the opposite of what net neutrality was intended to do.

At this point, the FCC has yet to determine what would qualify as "commercially reasonable." The only example the agency has provided is a prioritized connection to someone with an at-home heart-rate monitor that didn't significantly impact Internet traffic to anyone else. But detractors have visions of a major broadband provider striking up a deal with a company like Netflix, for example, to serve up its streams faster than that of a rival, like Hulu.

Chairman Wheeler has denied that this would be the case. "If anyone acts to degrade the service for all for the benefit of a few, I intend to use every available power to stop it," he wrote.

Part of the problem is that broadband providers - most recently Verizon - have sued the FCC over its net neutrality rules, and won. So the FCC wants to craft something that will actually stick. It seems that rather than ban certain behavior outright, the FCC will allow for certain deals to go through, but crack down on any company that oversteps its bounds.

The current proposal, meanwhile, is just that. A proposal. Franken's message comes about a week before the FCC is scheduled to meet for its monthly meeting on May 15, which will include a vote on the chairman's proposed plan. If they go through, the FCC will open a public comment period, after which it might alter the rules based on feedback before anything becomes official.

In a Monday op-ed for The Hill, Republican FCC Commissioner Michael O'Rielly said the FCC should just leave it alone. The commission is using an "invented" authority to tackle net neutrality, something it never intended with the 1996 Telecom Act. "I know because I was in the room, as a congressional staffer, when that deal was made," O'Rielly wrote.

"I worry that the FCC is about to go down a slippery slope that will create burdensome regulations and uncertainty for broadband providers and edge providers alike," he said.

Sen. Franken, meanwhile, is on the opposite end of the spectrum. Back when the initial rules were put in place, he argued that they didn't go far enough due to weak provisions concerning wireless, as well as the lack of a flat-out ban on paid prioritization. Now, "big corporations will be able to get their content delivered faster," he said, while "mom and pop stores would lose even more ground to corporate giants."

Franken pointed to Google Video, which was a rather lackluster offering from the search giant. A few entrepreneurs thought they could do it better and YouTube was born. Because Internet traffic was able to run over the Web at the same speeds - and Google couldn't pay to have Google Video serve up content faster - YouTube won out and Google eventually bought it for $1.65 billion, according to Franken (who calls it Google TV in the video, but likely meant Google Video, which shuttered in 2011).

Ultimately, the easiest way to address this issue would be if Franken's colleagues in Congress approved legislation that put net neutrality rules in place. And while some Democratic lawmakers have introduced legislation that would do just that, the issue is split down party lines, with many GOP lawmakers echoing what Commissioner O'Rielly said in his op-ed. So it's unlikely the two sides would come to an agreement and approve legislation that makes its way to President Obama's desk.

Chloe Albanesius has been with PCMag.com since April 2007, most recently as Executive Editor for News and Features. Prior to that, she worked for a year covering financial IT on Wall Street for Incisive Media. From 2002 to 2005, Chloe covered technology policy for The National Journal's Technology Daily in Washington, DC. She has held internships at NBC's Meet the Press, washingtonpost.com, the Tate Gallery press office in London, Roll Call, and Congressional Quarterly. She graduated with a bachelor's degree in journalism from American University...
More »

Automatic Renewal Program: Your subscription will continue without interruption for as long as you wish, unless
you instruct us otherwise. Your subscription will automatically renew at the end of the term unless you authorize
cancellation. Each year, you'll receive a notice and you authorize that your credit/debit card will be charged the
annual subscription rate(s). You may cancel at any time during your subscription and receive a full refund on all
unsent issues. If your credit/debit card or other billing method can not be charged, we will bill you directly instead. Contact Customer Service